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IN THE COURT OF COMMON
PLEAS
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DAVID MILLER,
Plaintiff
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97 - 250
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AMY MILLER,
Defendant
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AND NOW" 0........ ..,., ?-:-~". 19....... it is ordered and
decreed that, 0"".',..., 0' ,~Vid, ,Mill,e.~", 0 0"""'0'.'" 0 o. plaintiff,
and"",.. 0'.."....".." o~'!lY, ol1~p,e.r: 0..'.'.."..,.... 0"'. defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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The attached Stipulation, reached before the Divorce
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Master on January 12, 1999, is hereby incorporated ~nto, but
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Decree.
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DAVID MILLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 97 - 250 CIVIL
AMY MILLER,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, January 12, 1999.
This is the date set for a Master's hearing in the above
captioned divorce proceedings.
Present in the hearing room are the Plaintiff,
David Miller, and his counsel Matthew J. Eshelman. Also present
is the Defendant, Amy Miller, and her counsel Bradley L.
Griffie.
A divorce complaint was filed on January 15, 1997,
raising grounds for divorce of irretrievable breakdown of the
marriage. The parties are going to sign affidavits of consent
and waivers of notice of intention to request entry of divorce
decree today which will be filed with the Prothonotary. The
divorce will then be able to proceed under section 3301(c) of
the Domestic Relations Code.
The complaint raised the economic claim of
equitable distribution. On May 6, 1998, the Defendant wife
filed a counterclaim raising the economic issues of alimony,
alimony pendente lite, and counsel fees and expenses.
After discussion this morning between the parties
and counsel, the Master has been advised that an agreement has
been reached with respect to the outstanding economic claims.
The agreement is going to be placed on the record in the
presence of the parties and counsel, The agreement as placed on
the record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during the
transcription. That means that once we leave this conference
room today, after the agreement is stated on the record there
will be no changes to the agreement except for corrections of
typographical errors which we will review after the court
reporter has completed the transcription.
The parties and counsel are going to return to
review the agreement for typographical errors, make any
corrections as required, and then affix their signatures. Upon
receipt of the signed agreement which is being signed as
affirmation of the agreement, the Master will prepare an order
vacating his appointment and counsel can then file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
Mr. Eshelman has provided an affidavit of service
which will be made part of the record indicating that Amy
Miller, the Defendant, received the divorce complaint by
certified mail restricted delivery on January 22, 1997.
Mrs. Miller, is that your signature on the return
receipt card?
MRS. MILLER: Yes.
THE MASTER: Mr. Griffie.
MR. GRIFFIE: If the Master please. The parties
wish to stipulate to the following terms in full and final
satisfaction of all claims made in these proceedings.
1, The parties are the joint owners of real estate located
at 427 North Walnut Street, Mt. Holly Springs,
Cumberland county, Pennsylvania. contemporaneously
with the execution of today's stipulation, wife will
execute a deed conveying all her right, title, and
interest in the property to husband. The deed will be
held in escrow by wife's legal counsel until husband has
complied with the terms of Paragraph 2 requiring a lump
sum payment to wife.
2. In full and final satisfaction of any interest that wife
may have in the aforesaid real estate, husband will pay
to wife the sum of $7,000.00. This shall be paid through
husband refinancing the mortgage presently due and owing
to PHH!CUNA Mortgage Services and shall be accomplished
within 45 days of today's date. At the time of
refinancing husband, through counsel, shall provide
counsel for wife with a $7,000.00 payment in exchange for
the deed referenced in Paragraph 1 above.
3. Wife waives, relinquishes, and transfers any right,
title, or interest she has in husband's thrift savings,
security savings, or other retirement plans of any nature
that husband has through his retirement with Lear
corporation. From this time forward, wife shall make no
claim of any nature whatsoever for any interest in any
such plans.
4. Husband waives, relinquishes, and transfers any right,
title, or interest that he has or may have in wife's
profit sharing or retirement plans of any nature through
her prior employment with Carlisle Imaging Associates,
P.C. Husband shall make no claim of any nature
whatsoever from this time forward relative to any
interest in in any such retirement plans.
5. The parties previously owned a 1990 Toyota Celica which
was repossessed by Patriot Federal Credit Union. Thro~gh
the repossession, a deficiency judgment resulted which
husband has paid in full, Husband will make no claim
against wife for any deficiency due and owing on that
vehicle loan,
6, Husband is the owner of a certain 1987 Sterling vehicle
which shall remain as his sole and exclusive possession.
In the event that it is necessary for wife to execute any
documents to otherwise waive, relinquish, or transfer
her interest in that vehicle, she will do so within 5
days of being requested to do so.
7, The parties had certain marital debt at the time of their
separation which husband consolidated into a personal
loan which is due and owing to PNC Bank. Husband shall
be solely and exclusively obligated for this payment of
this loan to PNC Bank and shall indemnify wife and hold
her harmless from and against any claims or demands for
payment from PNC Bank on account of said loan. with the
sole exception of the debt consolidation loan referenced
herein and the mortgage previously referenced in
Paragraph 1 above, the parties have no other joint debt
which needs to be distributed.
8. All personal property, tangible and intangible, shall
remain the sole property of the party presently in
possession. Neither party will make any claim against
the other party for items of personal property
in the other parties' possession.
9. Each party shall retain sole ownership over any life
insurance policies that they presently own and shall have
all rights of ownership inclUding but not limited to
naming beneficiaries, cashing in policies, taking loans
on policies, and so on.
10. Wife waives and hereby withdraws any claims for alimony,
costs or attorney fees made in the pleadings in this
case.
11. There exists at present an alimony pendente lite order
through the Cumberland County Domestic Relations Office
docketed to PACES No. 380000068 which requires payment of
alimony pendente lite from husband to wife. That alimony
pendente lite order shall terminate effective today
but husband shall be obligated to continue making
payments at the current rate until all arrears, if any,
are paid in full.
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12,
contemporaneously with the execution of this stipulation,
the parties will sign affidavits of consent and waivers
of notice of intention to request entry of a divorce
decree thereby allowing this divorce to be completed as a
section 3301(c) divorce.
13, Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or
she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the
property or the estate of the other ~s a result of the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. GRIFFIE: Mrs. Miller, were you present as I
dictated the stipulation that was intended to settle all claims
in your divorce?
MRS. MILLER: Yes, I was.
MR. GRIFFIE: Did you hear all of the terms that we
just dictated?
MRS. MILLER: Yes, I did.
MR. GRIFFIE: Is it your desire that the
stipulation that I just dictated be entered as a order of court
to finalize all of the economic claims that were raised in your
divorce?
MRS. MILLER: Yes, it is.
THE MASTER: Do you understand the terms of the
agreement?
MRS. MILLER: Yes.
THE MASTER: And you understand that once you leave
this room you cannot make any changes except for correcting
typographical errors?
MRS. MILLER: Yes, sir,
MR. ESHELMAN: Mr. Miller, wer9 you present when
Mr. Griffie read into the record the terms of an agreement
essentially reached designed to settle the economic differences
regarding the divorce?
MR. MILLER: Yes.
MR. ESHELMAN: Did you understand each of those
terms that he read into the record with the possible exception
of that last paragraph?
MR, MILLER: Yes.
MR. ESHELMAN: And do you agree with each one of
those terms as they have been read in?
MR. MILLER: Yes, I do.
MR. ESHELMAN: Do you have any questions about any
of those terms?
MR. MILLER:
MR. ESHELMAN:
No.
And do you understand that once we
agree to this here today that is the final agreement, coming
back later this morning or even this afternoon, is just going to
be to formally finalize what we have already agreed to?
MR. MILLER: Yes,
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself to
the terms of settlement and subjecting myself to the methods and
procedures of enforcement which may be imposed by law and in
particular Section 3105 of the Domestic Relations Code.
DATE:
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David Miller
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DAVID MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 97 - 250 Civil Term
AMY MILLER,
; I Defendant
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CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under S 330l(c)
S JJQ1(d)(1) of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint:
Service by certified mail j P 224 575 110 delivered on January 22,
1997. Affidavit of Service previously filed with the Court.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent
required by S 330l(c) of the Divorce Code: by the Plaintiff
1/12/99; by the Defendant 1/12/99.
(b) Date of execution of the affidavit required by S
330l(d) of the Divorce Code: ;
Date of filing of the Plaintiff's affidavit upon
the respondent: ;
Date of service of the Plaintiff's affidavit upon
the respondent:
4. Related claims pending: Please incorporate.
er in the attached Pro ert Settlement A reement of the
into the Divorce Decree.
without
arties
5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of
Intention to File Praecipe to Transmit Record, a copy of which
is attached, ;
(b) Date Plaintiff's Waiver of Notice in S 330l(c)
Divorce was filed with the prothonotary: 1/12/99;
Date Defendant's Waiver of Notice in S 330l(c)
Divorce was filed with the prothonotary: 1/12/99
Res ectf IIY~itted,
Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
10# 72655 Tel. (717) 763-1800
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DAVID MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: No. 97 - 250 Civil Term
:
: CIVIL ACTION - LAW
: IN DIVORCE
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AMY MILLER,
Defendant
PRAECIPB TO WITHDRAW COUNTS
TO THE PROTHONOTARY:
Kindly withdraw Count III, Equitable Distribution and Count
I of the Counterclaim, Alimony, Alimony Pendente Lit, Counsel Fees
and Expenses in the above referenced divorce as the issues have
been settled.
Respectfully submitted,
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Date: -1./I~/tJ'i
Matthew J. shelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
loll 72655 TeL (717) 763-1800
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DAVID MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
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No.
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AMY MILLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court, If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you, and a decree of divorce or annulment may be
entered against you by the court, A judgment may also be entered
against you for any other claim or relief requested in these papers
I by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling.
A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
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The marriage is irretrievably broken.
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8. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request that
the court require the parties to participate in counseling,
9. This action is not collusive.
10. There are no dependent children to the marriage.
COUNT II - EQUITABLE DISTRIBUTION
10. Paragraphs one through ten are incorporated herein by
reference.
11. The parties have legally and beneficially acquired
property, both real and personal, during their marriage,
12. The Plaintiff and the Defendant have been unable, as of
the date of this Complaint, to agree as to an equitable division of
said property.
WHEREFORE, the Plaintiff, David Miller, respectfully requests
this Honorable Court to enter a decree of divorce in this matter;
and the Plaintiff further requests the Court to incorporate any
stipulation reached by the parties regarding the division of
marital property into the divorce decree; or, should the parties
fail to reach such an agreement, to equitably divide all marital
property.
D,te, #
Re\t~~l~ru /tted,
Matthew J. Eshelman, Esquire
Law Office of Patrick F. Lauer, Jr.
2108 Market street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
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DAVID MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:
: No,
AMY MILLER,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn
falsification to authorities.
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Date:
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David Miller
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DAVID MILLER.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO, 97-250 CIVIL
AMY MILLER,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301 eCI OF THE DIVORCE CODE
I, I consent to the entry of a final decree in divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS
HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C,S, 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES,
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DAVID MILLER, Plaintiff
DATE:
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DAVID MILLER,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 - 250 CIVIL
AMY MILLER,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE: Wednesday, August 12, 1998
Present for the Plaintiff, David Miller, is
attorney Matthew J. Eshelman, and present for the Defendant, Amy
Miller, is attorney Bradley L. Griffie.
A divorce complaint was filed on January 15, 1997,
ra~s~ng grounds for divorce of irretrievable breakdown of the
marriage and the economic claim of equitable distribution.
Counsel have advised that the parties will sign affidavits of
consent and waivers of notice of intention to request entry of
divorce decree so that the divorce can be concluded under
section 3301(c) of the Domestic Relations Code.
On May 6, 1998, the Defendant wife filed a
counterclaim raising the economic issues of alimony, alimony
pendente lite, and counsel fees and expenses. with respect to
the factor of marital misconduct, counsel have indicated that if
there is any testimony on that factor it will be very brief.
The parties were married on February 19, 1995, and
separated January 1, 1997. There are no children of this
marriage. Wife does have a child from a prior marriage, Seth
Garber, born December 7, 1991. This marriage is wife's second
marriage and husband's first marriage.
Husband is 30 years of age and resides at 427 North
Street, Mt. Holly Springs, Pennsylvania, where he lives
He is a high school graduate and works as a laborer for
His net monthly income is $1,725.00. Currently he is
alimony pendente lite to wife in the amount of $43.00 per
Husband has not raised any health issues.
Walnut
alone.
Lear.
paying
week.
Cameron,
Cameron,
marriage.
Wife is 28 years of age and currently resides in
Montana. Her address is Box 184, Highway 87 North,
Montana 59720. She lives with the son of her prior
Wife has a four-year degree from Shippensburg
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University and while living in Carlisle, worked for Carlisle
Imaging, Her net monthly income from that employment was
$1,257.00 and Mr. Griffie indicated that was the highest amount
she has earned in her working life and will agree that that is
her earning capacity. Apparently she is living in an apartment
owned by relatives in Cameron, Montana, and is waiting for the
relatives to complete the construction of a lodge with the
intention of wife to work in the lodge for the relatives. Wife
has not raised any health issues.
The parties own real estate at 427 North Walnut
street, Mt. Holly Springs, Pennsylvania, which was appraised by
Steven Barrett for $64,500.00. Husband resides in the house and
would like to retain the property. He is currently paying a
mortgage payment to PHHUS Mortgage in the amount of $487.00 per
month which includes taxes and insurance. In 1997, after the
separation, husband paid $4,500.00 to put a new roof on the
property. Counsel are going to check with the appraiser to see
how the value of the house would be affected without the new
roof. The house was appraised by Mr. Barrett after installation
of the roof.
Husband also claims that he cashed in a thrift
savings plan and used that, plus some other monies from his
family, to contribute $6,500.00 toward the purchase of the home.
We will consider this $6,500.00 payment toward the purchase of
the home as a contribution to the marital estate by husband.
The current payoff on the mortgage against the
property is around $40,000.00.
Husband is a participant in the retirement plan at
Lear and Mr. Eshelman has computed the marital portion to be
$2,141.00 based on an increase in value from the date of
marriage to date of separation. Husband did have, as noted, a
thrift savings plan from his prior employment but that plan was
liquidated and the money used toward the purchase of the marital
home.
Husband has a 1987 Sterling vehicle which he has
valued at $760.00. The 1990 Toyota Celica was repossessed and
there was a deficiency judgment entered in the amount of
$1,068.87. Husband has been paying that judgment so will be
entitled to some credit on account of that payment. Mr. Griffie
needs to determine whether or not he wants to have the Sterling
appraised. The option would be to offset the value of the
Sterling against wife's share of the deficiency judgment which
husband is paying.
Counsel have discussed whether or not the household
tangible personal property should be included in the equitable
distribution or whether each party should retain what he or she
has, the values being fairly equal. If counsel cannot agree to
a distribution of the property and intend to include the values
in the equitable distribution computation, they may need to have
the property appraised. There is a question about wife's
jewelry which consist of an engagement ring and a wedding ring
which has a value of around $2,000.00 total. Counsel are going
to see if they can locate a case that would discuss how we
should treat those particular jewelry items.
Husband consolidated the marital debt into a loan
with PNC Bank in the amount of $9,762.96. Husband has been
paying that debt. There has been some issue raised by Mr.
Griffie as to whether all of the credit card debt, which was
consolidated, represented marital debt. For instance, there is
some issue about appliances that were charged that remain with
the marital home and in husband's possession. Consequently,
counsel may want to look at how we should treat certain items of
property that have been charged on the credit cards and which
are apparently part of the consolidation loan, the issue being
that some items may have been included in the appraisal value of
the real estate, for instance.
with respect to the witnesses which Mr. Eshelman
has listed on his pre-trial statement, a number of those
witnesses relate to the alimony claim of wife and the factor of
marital misconduct. Mr. Eshelman indicated that if wife
ultimately withdraws the claim for alimony, he will not need to
call a number of those witnesses. Mr. Griffie is directed to
let Mr. Eshelman know at least one month prior to the hearing as
to whether or not he is going to require Mr. Eshelman to proceed
with the testimony that would be offered by those witnesses.
A hearing is scheduled for Tuesday, January 12,
1999, at 9:00 a.m. Notices will be sent to counsel and the
parties.
E. Robert Elicker, II
Divorce Master
DAVID MILLER,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 250
AMY MILLER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: David Miller , Plaintiff
Matthew J. Eshelman , Counsel for Plaintiff
Amy Miller , Defendant
Bradley L. Griffie , Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 12th day
of January 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
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President Judge
Date of Order and
Notice: 8/12/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMIJERI,AND COUNTY BAil ASSOC I AT ION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
In the Court of COllllllon Pleas of ClJMIIERLAND County, Pennsylvania
DOMF.~TJ(' RELATIONS St:CTION
Defendant Name: DAVID MILLER
Member II) Number: 0443000037 bc.. ~(J'jt.1 ~ ~_I
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ORDER OF ATTACIIMENT 01' INCOME "-:~
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11Jinlill N:tlllc
AMY HILLER
I'M'SE'i Dlld.:cl
(';1'01,.' NUlllhcr NUl1lhcr
18nOOlJfJ(.8 250 CV ';11
^llil~hmclIl Alllilllllt/l:reIIlIL'lIt:Y
:; J'>. uo /WEEK
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TerrAl, AlTACU\lf::\T A\IOlSI': ~ ]5,00
To: LEAR CORPORATION
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
DAVID MILLER . defendant obligor. SSN 179-62-6011
of:
427 N WALNUT ST, MOUNT HOLLY SPRINGS, PA, 17065-1509
is hereby anached 10 the following extenl.
You arc direclCd to pay to the Oftice of the Domestic Relalions Section of Ihe Court of
Common Pleas of
County the sum of $ 35,00
per
CUMBERLAND
WEEK from the income due the defendant obligor, The anachment payment
must be selll to the Domestic Relations Seclion within ten days of the date the defendant
obligor is paid,
Service Type M
Form EN-028
Wnrker ID 21005
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DAVID MILLER
I'ACSES MClllhcr NUlllhcr: 0443000037
CIIECKS SIIOULD BE MADE I'A Y ABLE TO: DOMESTIC RELATIONS SECTION
AND SENT TO TilE DOMESTIC RELATIONS SECTION AT:
1',0, BOX 310, CARLlSl.E, I'A, 170n
This order of attachment for support is binding upon you until further notice and shall have
priority over any attachment. execution, garnishment or wage attachment under state or local
law except one relating to a prior support order. You must commence the attachment of the
defendant obligor's income as soon as possible but no later than fourteen days from the date
of the issuance of this Order of Attachment.
You are notified further that pursuant to law:
I. The defendant obligor has been notified that an order of attachment for support would
be issued.
2, Willful failure to comply with this order may result in (i) your being adjudged in contempt
of court and commiued to jailor fined by the court; (ii) your being held liable for any
amount not withheld or withheld but Illlt forwarded to the Domestic Relations Section; and
(iii) attachment of your funds or property,
3, The attachment of income or the possibility thereof as a basis, in whole or in part, for the
discharge of an employee or any disciplinary action against or demotion of an employee is
prohibited, Violation may result in (i) your being adjudged in contempt and committed to
jail or fined by the court and (ii) an action against you by the employee for damages,
Scrvicc Typc M
Page 2 of 4
Forlll EN-018
Workcr ID 21005
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ASSETS OP THE PARTIES PAGE
(X) Plaintiff () Defendant marks on the list below those items
applicable to the case at bar and itemizes the assets on the following
pages.
(X) 1.
(X) 2.
( ) 3.
( ) 4.
(X) 5.
( ) 6.
( ) 7.
( ) B,
( ) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
(X) 14.
( ) 15.
16.
17.
18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
( ) 24.
(X) 25.
(X) 26.
Real property
Motor vehicles
Stocks, bonds, securities, and options
Cerificates of deposit (CD's)
Checking accounts, cash
Savings accounts, money markets, and savings certificates
Contents of safe deposit boxes
Trusts
Life Insurance Policies (indicate face value, cash
surrender value, and beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, and royalties
Personal property outside the home
Business (list all owners, including percentage of
ownership, and officer/director positions held by a party
with the company)
Employment termination benefits - severance pay,
workman's compensation claims/awards
Profit sharing plans
Pension plans (indicate employee contributions and the
date on which plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/VA benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attach itemized lists if distribution of
such assets is in dispute)
Other - Marital debts
MARITAL PROPBRTY
(X) Plaintiff () Defendant lists all marital property in which
either or both spouses have a legal or equitable interest individually
or with any other person as of the date this action was conunenced
(letters in parentheticals indicate party in possession of asset):
Item Description Names of Bst'd Date of
Number of Property All Owners Value Valuation
1. Personal Residence J (H) 64,500 12/97
(Marital Equity) 10,000
2. Bed (Mattress/Box) J (W) 250 07/98
3. Weber Gas Grill J (H) 400 05/98
4. John Deere Lawn Mower J (H) 450 05/96
5. Television J (W) 250 06/98
6. Refrigerator J (H) 400 06/98
7. Dish Washer J (H) (F?) 250 06/98
8. Curio Cabinet J (W) 220 01/97
9. Pots, pans, dishes J (W) 250 06/98
10. Bikes J (H&W) 1,000 06/96
11. Microwave J (H) 25 06/98
12. Wall hangings J (W) 100 06/98
13. Jewelry J (W) 2,500 09/97
14. 1987 Sterling 825i H (H) 1,000 04/98
15. Husband's Retirement H (H) 10,112 05/97
(Marital Portion) 2,141
Item
Number
27.
28.
29.
30.
PROPERTY TRANSFERRED
Description Date of Consideration Name of
of PrODertv Transfer Received ReciDient
1990 Celica GT-S 01/98 3,000.00 Patriot FCU
(CFMV $5,075)
PNC marital 02/97 1,617.09
credit card debt (marital portion)
02/07/97 . 2,854.28 (paid by H w/PNC refi)
02/13/95 . 1,237.19
Cornerstone FeU 02/97 3,348.43
opened during marriage (paid by H w/PNC refi)
providian Bank 02/97 4,797.44
opened during marriage (paid by H w/PNC refi)
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LIABILITIBS OP TUB PARTIBS
Item Description Names of Names of Amount
Nnmher of Liabilitv All Creditors All Debtors ~
31. Mortgage on P.H.H. U.S. J $40,000
Marital Residence Mortgage Co.
32. Celica Deficiency Patriot F.C.U. J 1,069
Balance
33. Credit Card Chase Bank J 4,000
34. First Card
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DAVID MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - LAW
IN DIVORCE
vs.
No.
97 - 250 Civil Term
AMY MILLER,
Defendant
1/
bBI."BNIJRH'l"S PRE-TRIAL STATBMENT PER Pa. R.C.P. RULE 1920.33Ib)
(1) (i) Marital Assets: See the Inventory submitted by the
Plaintiff per Pa,R.C.p. Rule 1920.33(a) and filed as of record for
a list of the marital assets, their value, the date of the
valuation, whether any portion of the value is non-marital, and any
liens or encumbrances thereon.
(l)(ii) Non-Marital Assets: See the Inventory submitted by the
Plaintiff per Pa.R.c.p. Rule 1920.33(a) and filed as of record for
a list of the marital assets, their value, the date of the
valuation, whether any portion of the value is non-marital, and any
liens or encumbrances thereon.
(2) Expert Testimony: All documents which Plaintiff
currently intends to offer into evidence have been exchanged with
opposing counsel, with the following exceptions: Cornerstone F.C.U.
Mortgage/Note/T-I-L Disclosure; Notice of Assignment, PHH US
Mortgage; Statement of repairs Plaintiff made to marital residence;
Defendant's Letter of Entitlement; Kelly Blue Book Used Car Values
for parties' vehicles; Auto Policy Status Statement; Auto Policy
Change Memo; Statements of value of Plaintiff's retirement plan
(DOM & DOS); and Estimates of value of jewelry. Defendant intends
to call no expert witnesses at trial unless demand for the witness'
presence is made wi thin seven ( 7 ) days of the receipt of any
document prepared by such an individual or of this pre-trial
statement.
(3) Witnesses: Plaintiff intends to call the following
witnesses to testify regarding the factors set forth in section
3502(a) of the Divorce Code: David G. Miller (Plaintiff), Robert
J. Miller (Plaintiff's Father, reI length of family's ownership of
homestead and corroboration of method of determination of purchase
price of marital residence). Plaintiff reserves the right to call
the following witnesses to corroborate testimony of the preceding
individuals: Scott Feeser, Michelle Cornman, Cyrus Russell, Stella
March, Duane Lebo, Darrel Goodheart, Charles York, Alvin Mays, and
Troy Wiser.
(4) Exhibits:
following exhibits:
Defendant reserves the right to enter the
(A) Real Estate Appraisal marital residence
(I) Cornerstone F.C.U. Hortgage/Note/T-I-L Disclosure
(J) Notice of Ausignment, PHH US Mortgage
(L) Statement of repairs Plaintiff made to mnrital residence
(D) Cornerstone F.C.U. Visa Statements (DOH & DOS)
(E) Providian Visa Statements (DOM & DOS)
(F) Pa. National Bank H/c Statement (DOH)
(G) PNC Bank Installment Loan T-I-L Disclosure (DOS)
(H) Defendant's Letter of Entitlement
(C) Deficiency Balance Demand Letter of Patriot F.C.U.
(B) Kelly Blue Book Used Car Values for parties vehicles
(x) Auto Policy Status Statement
(y) Auto Policy Change Hemo
(K) Statements of value of Plaintiff's retirement plan (DOH & DOS)
(H) Federal Income Tax Returns
(Z) Estimate of value of jewelry
(5) Defendant's Income: See Plaintiff's Income and Expense
Statement filed as of record for a statement of Plaintiff's current
income. An updated Income and Expense Statement is expected to be
presented at an A.P.L. modification conference this July.
(6) Defendant's Expenses: See Plaintiff's Income and Expense
Statement filed as of record for a statement of Plaintiff's current
expenses. An updated Income and Expense Statement is expected to
be presented at an A.P.L. modification conference this July.
(7) Pension and Retirement Benefits: Husband brought two
retirement savings packages to the marriage, contributing only to
one of them over its course, The vested balance of Husband's
Security Plan with Has land as of the date of marriage was
$8,216.48. Five full months after separation, the vested balance
had increased to 10,357.48, leaving a marital coverture fraction of
20.7%, or $2,141.00. His second retirement plan, a pre-marital
Thrift Savings Plan, was liquidated around the date of marriage and
applied toward the purchase of the marital residence.
(8) Attornev' s Fees: Defendant has requested an award of
attorney's fees or costs; however, she has been receiving Alimony
Pendente Lite throughout the course of this proceeding and has had
the advantage of paying little or no housing costs. Defendant has
had, and upon equitable distribution will continue to have,
adequate resources with which to meet her attorney's fees.
(9) Tanqible Personaltv Valuation: See the Inventory
submitted by the Plaintiff per Pa.R.C.P, Rule 1920.33(a) and filed
as of record for a list of all household furnishings or other
personalty where distribution of such items is disputed.
(10) Harital Debts: As of the date of marriage of the parties
in February 1995, Husband owed non-marital credit card debt with
PNC Bank in the amount of $1,237. 19. During the marriage, the
parties increased this PNC debt to $2,854.28 as of the date of
separation on January 1, 1997. The marital portion of this PNC
debt is thus $1,617.90. During the marriage, the parties incurred
additional debts as of the date of separation in the form of (1) a
credit card with Cornerstone FCU totalling $3,348.43, and (2) a
credit card with providian in the amount of $4,797.44. On February
25, 1997, Husband consolidated these three loans through PNC Bank
in the amount of $9,762.96. The parties also have a primary
mortgage outstanding to PHH US Mortgage in the amount of
approximately $40,000.00, which is secured by the marital
residence. Husband has been maintaining this debt as well.
Additionally, during the course of the marriage, the parties took
out a vehicle loan through Patriot FCU to purchase Defendant's 1990
Toyota Celica (titled jointly). When the Defendant moved out of
state, she left the vehicle and the car payment behind. The
vehicle was eventually repossessed, leaving a deficiency balance in
the amount of $1,068.87. Because Husband's name was on the title
to this vehicle, he made payment on Defendant's behalf for
automobile insurance. He now seeks reimbursement for the same.
(11) Summarv of Special Issues of Interest: The Defendant
respectfully submits the following special issues to the attention
of the Court:
Non-marital property of Husband in possession of Defendant.
The Defendant removed items of personal property from the marital
residence on two occasions. The first time, she took with her
almost every daily-use household item the parties had acquired
during the marriage, from shampoo to wall hangings. Husband
replaced these items with his own funds after the separation.
Defendant then petitioned the Court for permission to return for
her remaining items, and a Stipulation was reached between the
parties. However, on her second trip, Defendant once again removed
all personal items, again, from shampoo to wall hangings, even
though these items were clearly post-separation property. Demand
is made in the amount of $500.00 for post-marital, and $130.00 for
pre-marital, personal property of Husband.
Pre-marital property contributed to the purchase price of the
marital residence. Husband's grandmother had lived in the marital
residence 43 years before selling it to her son, Robert J. Miller,
who in turn sold it to his son, Plaintiff David Miller. Husband
contributed $4,500.00 of his own pre-marital funds to the purchase
of the property at its fair market value. Husband (not Husband and
Wife) was given assistance toward the purchase from his father in
the amount of $2,000.00. Husband further cashed out a Thrift
Savings Plan for the purchase and furnishing of the home. These
funds should be attributed directly to Husband, whether considered
as non-marital property under Section 3501 or as a factor to be
considered under Section 3502 (contributions to marital estate).
Subsequent to the date of separation, but prior to any expert
appraisal of the value of the marital residence, Husband replaced
the roof on the home without contribution from the Defendant. This
increased the value of the marital residence by $4,500.00 solely
from Husband's post-separation earnings and labor.
Defendant has a child, Seth Garber (dob 12/01/91), from
previous relationship, and is receiving support from that child's
father.
With respect to the alimony claim, Defendant has a 4-year
college degree; a bright future employment outlook; is in very good
health; is living with another man; is capable of meeting her
reasonable expenses; and is currently engaged to be married. The
marriage lasted less than two years. Her request for alimony
should be denied.
(12) Proposed Resolution of the Economic Issues: Defendant
suggests an overall division of the marital assets where Plaintiff
retains 50% of the marital property and, by paying to Defendant a
specific Transfer Amount, conveys to Defendant an amount granting
him 50% of the marital property, as follows:
PROPERTY
Marital Residence!
PHH US Mortgage
Husband's Security Plan
1990 Toyota Celica
1987 Sterling 825
Marital Credit Cards
Bed (Mattress/Box)
Weber Gas Grill
John Deere Lawn Mower
Television
Refrigerator
Dish Washer
Curio Cabinet
Pots, pans, dishes
Bikes
Microwave
Wall hangings (1st set)
Jewelry
Totals
VALUE
WIFE
HUSBAND
60,000
<40,000>
2,141
5,075
760
<9,763>
250
400
450
250
400
250
220
250
1,000
25
100
2,500
24,308
5,075
60,000
<40,000>
2,141
760
<9,763>
250
400
450
250
250
220
250
500
100
2.500
9,395
400
500
25
14,913
! The value of the marital residence has been reduced by the
amount of $4,500.00, representing the increase in value created by
Husband's replacement of the roof. The $6,500.00 pre-marital
contribution of Husband has not been deducted.
DAVID MILLER, : IN THE COUkT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VB. . No. 97 - 250 Civil Term
.
:
AMY MILLER, CIVIL ACTION - LAW
Defendant . IN DIVORCE
.
CBRTIFlCATE OF SBRVICB
I hereby certify that I am this day serving a copy of the
foregoing Inventory and Appraisement upon the person, and in the
manner, indicated below, which service satisfies the requirements
of the Pennsylvania Rules of Civil Procedure, by depositing a
copy of the same with the United States Post Office at Camp Hill,
Pennsylvania, through first class mail, prepaid and addressed as
follows:
Robert Elicker, Esq.
Divorce Master's Office
9 North Hanover Street
Carlisle, PA 17013
Bradley L. Griffie, Esq.
(Attorney for Defendant)
200 North Hanover Street
Carlisle, PA 17013
lY:tL
Date:
Matthew J. Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
~ ....
In the Court of Common l'leas of CUMBERLAND County, Pellnsylvania
DOMESTIC RELATIONS SECTION
AMY MILLER ) D'll:kel Numher 250 CV 97
Plaillliff )
vs. ) PACSES Case Numrn:r 380000068
DAVID MILLER ) bR.,>~(;5JI ~
Dcfendalll ) Olher Slale ID Numher ,
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1. The petition of
DAVID MILLER
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. an Order of Court was entered for the
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PETITION FOR MODlnCA TION
OF AN EXISTING SUPPORT ORDER
represents that on JUNE 2, 1997
support of
AMY MILLER
A true and correct copy of the order is attached to this petition,
2. Petitioner is elllitled to 0 increase 0 decrease CD termination 0 reinstatemelll
o other of this Order because of the following material and substantial change(s) in
circumstance:
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MILLER
v, MILLER
PACSES Case Numher: 380000068
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
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Petitioner Attorney for Petitioner
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I verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa, C.S. ~ 4904 relating to
unsworn falsification to authorities.
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6, The Temporary Protective Oruer was continued by Agreement dated July 8,
1996, a copy of said Order anu Motiun lor Continuance being attached hereto and
incorporated herein by reference us Exhibit "U".
7, The parties entered into ul'rotective Order by consent on July 24, 1996, a copy
of the aforesuid Protective Order and the Consent Agreement being attached hereto and
incorpornted herein by reference as Exhibit "C",
8, The entry of the Consent Agrcemcnt and Protective Order of July 24, 1996
removed the provisions Illr exclusive posscssion of the marital residence previously
providcd to your Petitioner herein, Amy Millcr.
I) The urrnngcments that were cntcrcd into to allow for the removal of the
cxclusive possession provision of the Tcmporary Protective Order related to the
Respondent, Duvid Miller's. ugreemcntto attend counseling sessions with the Petitioner in
order to uddress thc muritul difiiculties the partics were encountering, as well as the
viclence cxhibitcd by thc Rcspondent against the Petitioner,
10. Through the late Summer and Fall of 1996, the Respondentmude extremely
limited emllts to involve himself in any lype of counseling that would alleviate the need
Illr the Tempornry Protcctivc Order and, further, acted in such a manner as to continue to
cuuse thc Pctitioncr to fear for hcr safcty and wcll-bcing,
II, Through thc Fall and early Wintcr months of 1996, the Rcspondent continued
a pattern of threatening the Petitioner by indicating to the Petitioner that he would "fuck
her up", "whack her head off', and otherwise cause her injury,
12, During the late Summer, Fall and early Winter of 1996, the Respondent made
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numerous telephone calls to the 911 emergency system and to the Mt, Holly Springs
"
Police Department requesting assistance, making groundless and unfounded claims that
your Petitioner was taking some type of inappropriate action against Respondent
13, On January I, 1997, the Respondent, who is approximately twice the
Petitioner's weight, engaged in the course of verbal harassment and threats, including
claims that the Petitioner was crazy, that the police would not protect her, that no one
14, Ultimately an altercation occurred between the parties and the Mt Holly
would believe that he, the Respondent, had done anything wrong, and otherwise
attempting to cause the Petitioner extrcme emotional upsct and trauma.
Springs Police Department responded to the altercation,
15. At that time, Respondent continued to verbally accost the Petitioner in front
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of a representative of the Mt Holly Springs Police Department and made unfounded
claims that the Petitioner had taken some inappropriate action toward the Respondent
16, At that time, Petitioner was in fear for her safety and welfare, as well as the
safety and welfare of her son to a prior marriage, Seth N, Garber, born December 7,1991.
17. Based upon the fear Petitioner had for her own and her child's safety, she fled
the premises at that time with the assistance of a Police Officer trom the Mt Holly Springs
Police Department
18, On January 3, 1997, Petitioner returned to the marital residence in hopes of
being able to secure some of her and her child's personal property items,
19. At that time, two representatives from the Mt Holly Springs Police
Department witnessed the Pctitioner securing a few items of her personal property.
20, Due to fear for her safety, changing the locks by the Respondent on the
marital residence, threats from the Respondent, and statements from a representative of
the Mt, Holly Springs Police Department, Petitioner has been ali'aid to return to the
former marital residence to secure her and her child's personal property items
21. Petitioner has been tempomrily staying with her parents in Newburg,
Pennsylvania, and essentially "living out of boxes" tor both her and her live year old child.
22, The bulk of the personal property items at the former marital residence,
including household furnishings and appliances, arc non-marital property which the
Petitioner had in her ownership and possession prior to the parties' marriage on February
19,1994,
23, The personal property items, including household furnishings and such, remain
at the former marital residence, to the Petitioner's knowledge.
24, Petitioner has been unable to secure all of her clothing and related personal
effects.
25, The Petitioner has been unable to secure her five year old child's personal
efl'ects, including his toys, some of his clothing, and even the Christmas presents he
received for Christmas 1996.
26. The mortgage on the former marital residence is approximately $486.00 per
month,
27, Petitioner is employed at Carlisle Imaging at the Carlisle Hospital, Carlisle,
Pennsylvania.
28, Petitioner's child attcnds Bcthel Day-care and Preschool III Carlisle,
Pennsylvania,
29, The Respondent has no childrcn of his own,
30. The Respondent is gainfully cmployed at Masland Incorporated,
3 \. The Respondent's family lives in the Mt. Holly Springs area and has provided
him with housing in the past, including prior to the parties' marriage and during periods of
time when the parties have been separated
32, The Petitioner is unable to allord or secure any type of appropriate housing in
the Carlisle or Mt, Holly Springs area, and, therefore, is burdened with tremendous costs
and loss of lime associated with transportation frol11 her parents' home in Newburg to
Carlisle for delivery of her child to pre-school and tor the Petitioner going to work.
33 The Respondent has IiIcd a Complaint in Divorcc and the Petitioner IS
agreeable to enter into a consent divorce in this matter as soon as the issues of property
distribution, alimony and the like have been resolved,
34, Until such time as the issue of equitable distribution and ultimate primary
ownership of the parties' marital residence is determined, it is fair and equitable for the
Petitioner and her child to be granted cxclusive Jlossession of the marital residence to the
exclusion of the Respondent.
WHEREFORE, Petitioner requests your 1I0norable Court to issue a Rule upon the
Respondent to show cause, if any he has, as to:
I, Why Petitioner should not be granted cxclusive posscssion of the
marital residence at 427 North Walnut Strcet, Mt. Holly Springs,
Cumberland County, Pennsylvania:
2, Why the Respondent should not be excluded from the marital
residence pending thrther Ordcr of Court or agreement of the parties:
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3, Why the Petitioner should not be granted a Temporary Order pending a
hearing in this matter 10 allow her and the child to return to the marital
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residence and exclude the Respondent from the marital residence
pending a hearing in this matter; and
4, Why the Coun should not grant other appropriate and just relief.
Respectfully submitted,
GRIFFIE & ASSOCIATES
r ~, itlie, Esquire
At ,/ ey for Petitioner
_2 0 Nonh Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
I verify that the statemenlS made in the foregoing document are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa,C,S,
Section 4904, relating to unsworn f.1lsification to authorities,
DATE: 1-31-97
_Q~'nLt rrLLILL't
AMY MILLER
AMY KILLER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff .
.
: CUMBERLAND COUNTY, PENNSYLVANIA
v. :
. NO. 96-&jH CIVIL TERM
.
DAVID KILLER, .
.
Defendant . PROTECTION FROM ABUSE
.
.
.
T"oI1>QV.'IIT PRO'1'!lCTIOlf ORDBR
rt
AND NOW, this ;;"7 day of June, 1996, upon presentation
and consideration of the within Petition, and upon findinq that
the plaintiff, AMY )(TT,T,~, now residing at an undisclosed
location, is in immediate and present danger of abuse from the
defendant, DAVID KILLER, the following Temporary Order is
entered. Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of the plaintiff
in the jurisdiction or district or furnish any address, telephone
number, or any other demographic information about the plaintiff
except by further Order of Court.
The defendant, DAVID MILLER, SSN:UNKNOWN and 008:9/30/67,
now residing at 427 N. Walnut street, Mt. Holly Springs,
CUmberland County, Pennsylvania, is hereby enjoined from
physically abusing the plaintiff, AMY MILLER, or placing her in
fear of abuse.
.-. .-. . ~ - . -
. .". ~
The defendant is ~xcluded from the residence located at 427
N. Walnut Street, Mt. Holly Springs, CUmberland County,
Pennsylvania, a residence which is jointly owned by the parties.
Exhibit "1\"
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The defendant is ordered to refrain trom having any direct
or indirect contact with the plaintitt including, but not limited
to, telephone and written communications.
The defendant is enjoined from harassing and stalking the
plaintitf and from harassing the plaintiff's relatives.
The defendant is enjoined trom entering the plaintiff's
place of employment.
The defendant is enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties
or owned solely by the plaintiff.
A violation of this Order ..y subject the defendant to: i)
arrest under 23 Pa. C.S. 51113; ii) a private criainal co~laint
under 23 Pa. C.S. 51113.1; iii) a charge of indirect criainal
conteapt under 23 Pa. C.S. 56114, punishable by iaprisonaent up
to siz months and a fine of $100.00-$1,000.00; and iv) civil
contempt under 23 Pa. C.S. 56114.1. Resumption ot co-residence
on the part of the plaintiff and defendant shall not nullify the
provisions of the court order.
This Order shall remain in effect until modified or
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terminated by the Court after notice or hearing and can be
extended beyond its original expiration date if the Court finds.
. ..... .< .:,' .~~~~:~~
that the defendant has committed another act ot abuse or has - -:,. ,
engaged in a pattern or practice that indicates continued risk ot
harm to the plaintiff.
A hearing shall be held on this matter on the 3~ day ot
July, 1996, at tj:'15 A-.m., in Courtroom NO.-J,., CUlIIberland
County courthouse, carlisle, Pennsylvania.
The plaintitt may proceed without pre-payment ot tees
pending a turther order atter the hearing.
The CUmberland County Sherift's Department shall attempt to
make service at the plaintiff's request and without pre-payment
of tees, but service may be accomplished under any applicable
rule ot civil Procedure.
This Order shall be docketed in the otfice ot the
Prothonotary and torwarded to the SheriU for service. The
Prothonotary shall not send a copy ot this Order to the defendant
by mail.
The appropriate Police Departments in the areas where the
plaintiff lives and works shall be provided with certified copies
of this Order by the plaintiff's attorney. This Order shall be
enforced by any law enforcement agency where a violation occurs
by arrest for indirect criminal contempt wiLhout warrant upon
probable cause that this Order has been violated, whether or not
the violation is committed in the presence of the police officer.
In the event that an arrest is made, under this section, the
defendant shall be taken without unnecessary delay betore the
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court that issued the order. When that court is unavailable, the
defendant shall be taken before the appropriate district justice.
(23 Pa. c.s. 56L13).
By the Court,
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,
AMY KILLER, . IN THE COURT OF COMMON PLEAS OF
.
Plaint!!f .
.
: CUMBERLAND COUNTY, PENNSYLVANIA
v. .
.
: NO. 96- JU9 CIVIL TERM
DAVID ,rrT,T,~, .
.
Defendant : PROTECTION FROM ABUSE
.
.
.:,
PftI'rIOJr J'OR PRO'l'BC'rIOJr ORDBR
RBLI:D' 1JJIDBR TJIB lIRO'l'BC'rIOJr nOlI DUSB
&cr, 23 P.S. 5 6101 .~ aaq.
&. ABUSB
1. The plaintiff, AMY KILLER, is an adult individual whose
residence is 427 N. Walnut street, Mt. Holly Springs, cumberland
County, Pennsylvania 17065.
2. The plaintiff is temporarily staying at an undisclosed
location for her own protection and to avoid further abuse as is
more fully set forth herein. This address will be furnished to
the court upon request.
3. The defendant, DAVID MILLER, SSN:UNKNOWN and
008:9/30/67, is an adult individual residing at 427 N. Walnut
street, Mt. Holly Springs, CUmberland County, Pennsylvania,
17065.
4. The defendant is the husband of the plaintiff.
5. Since approximately 1995, the defendant has attempted
to cause and has intentionally, knowingly, or recklessly caused
bodily injury to the plaintiff, has placed the plainitiff in
reasonable fear of imminent serious bodily injury, and has
knowingly engaged in a course of conduct or repeatedly committed
acts toward the plaintiff under circumstances which have placed
the plaintiff in reasonable fear of bodily injury. This has
included, but is not limited to, the following specific instances
of abuse:
!.
a. On or about June 17, 1996, the defendant, while
the parties were in the defendant's vehicle, grabbed
the plaintiff by the neck and repeatedly shook her
head. He also feiqned punchea at the plaintiff,
stopping his fist with his other hand but brushing the
plaintiff'S cheek with his fist, frightening the
plaintiff. He then came over to the passenger side of
the vehicle and wrenched the plaintiff out of the
truck. The defendant pulled the plaintiff from the
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truck and threw her approximately four feet into pine
trees, causing the plaintiff to skid across the curb,
scraping her arm and bruising her hip and knee. The
defendant drove away and the plaintiff walked home and
locked the door. The defendant returned to the home
several minutes later and pounded on the door demanding
to be let in or he would finish her off. Fearing for
her safety if she did not open the door, the plaintiff
let the defendant in. Later, the defendant called her
from work and told her that he was going to get drunk
or kill somebody, causing the plaintiff to fear for her
safety. Several days after this incident, the
defendant told the plaintiff that if she would have
gotten up after he threw her, he would have destroyed
her.
b. On or about December 6, 1996, the detendant pushed
the plaintiff from behind with such torce that she
skidded across a hardwood tloor. The plaintitt
suttered a black eye, swelling, and pain to her tace.
c. On or about Labor Day weekend 1995, the detendant
threw the plaintitf to the noor, bruising her knees,
and kicked her in the hip.
d. Whenever the defendant is angry at the plaintitt,
he constantly threatens to beat up the plaintitf, tells
her to stay away from him because he has a gun, admits
that he loses complete control and will "mow" her down,
and threatens that if she doesn't go away, he will make
her go away. The plaintiff is fearful for her safety.
6. On or about June 21, 1996, the plaintiff and her child
left their residence at 427 N. Walnut street, Mt. Holly Springs,
CUmberland County, Pennsylvania, in order to avoid further abuse.
7. The plaintiff believes and therefore avers that she is
in immediate and present danger of abuse from the defendant
....
should she return to the home without the defendant's exclusion
and that she is in need of protection trom such abuse.
8. The plaintiff desires that the defendant be prohibited
tram having any direct or indirect contact with the plaintiff
including, but not limited to, telephone and written
communications.
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9. The plaintiff desires that the defendant be enjoined
from harassing and stalking the plaintiff, and from harassing the
plaintiff's relatives.
10. The plaintiff desires that the defendant be restrained
from entering her place of employment.
11. The plaintiff desires that the defendant be enjoined
fram removing, damaging, destroying or selling any property owned
jointly by the parties or owned solely by the plaintiff.
B. ErCLUSIVB POSSBSSIOR
12. The home from which the plaintiff is asking the Court
to exclude the defendant is owned in the names of Amy and David
Killer.
14. The plaintiff desires possession of the home so as to
give the greatest degree of continuity to the life of her child
and to allow him to continue his social activities.
C. REIMBURSEMENT rOR COST or CASE
15. The plaintiff asks that the defendant be ordered to pay
$250.00 to reimburse one of Legal Services, Inc.'s funding
sources for the cost of litigating this case.
WHEREFORE, pursuant to the provisions of the "Protection
from Abuse Act" of October 7, 1976, 23 P.S. S 6101 ~ ~., as
amended, the plaintiff prays this Honorable Court to grant the
following relief:
A. Grant a Temporary Order pursuant to the
"Protection from Abuse Act:"
1. Ordering the defendant to refrain from
abusing the plaintiff or placing her in fear of
abuse;
2. Ordering the defendant to refrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications;
3. Ordering the defendant to refrain fram
harassing and stalking the plaintiff and fram
harassing the plaintiff's relatives;
4. PrOhibiting the defendant from entering the
plaintiff's place of employment;
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff;
6. Granting possession of the home located at
427 N. Walnut Street, Mt. Holly Springs,
cumberland County, Pennsylvania, to the plaintiff
to the exclusion of the defendant pending a final
order in this matter;
7. Ordering the defendant to stay away from any
residence the plaintiff may in the future
establish for herself;
B. Schedule a hearing in accordance with the provisions ot
the "Protection trom Abuse Act," and, atter such hearing,
enter an order to be in ettect tor a period ot one year:
1. Ordering the defendant to retrain trom
abusing the plaintitt or placing her in fear ot
abuse.
2. Ordering the detendant to retrain from having
any direct or indirect contact with the plaintiff
including, but not limited to, telephone and
written communications.
3. Ordering the defendant to retrain trom
harassing and stalking the plaintift and trom
harassing the plaintiff's relatives.
4. Prohibiting the defendant from entering the
plaintitf's place of employment.
5. Prohibiting the defendant from removing,
damaging, destroying or selling property jointly
owned by the parties or owned solely by the
plaintiff.
6. Granting possession of the home located at
427 N. Walnut Street, Mt. Holly Springs,
cumberland County, Pennsylvania, to the plaintift
to the exclusion of the defendant.
7. Ordering the detendant to stay away from any
residence the plaintitt may in the tuture
establish for herself.
8.
Ordering the detendant to pay $250.00 to
,.
reimburse one ot Legal Services, Inc.'s tunding
sources tor the cost ot litigating this ca...
The plaintitt turther asks that this Petition be tiled and
served vithout payment ot tees and costs by the plaintitt,
pendinq a turther order at the hearing, and that certitied copies
ot this Petition and Order be delivered to the appropriate police
departments vho have jurisdiction to enforce this Order.
The plaint!!f prays tor such other reUet as may be just and
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proper.
Respectfully submitted,
~( f --Cf
Joan C y
Philip c. Briganti
Attorneys for Plaintiff
LEGAL SERVICES, !Be.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400
"
AW( MILLER. IN THE COURT OF COMMON PLEAS OF
Plaintiff :
CUMBERLAND COUNTY. PENNSYLVANIA
v. .
.
: NO. 98-3559 CIVIL TERM
DAVID MILLER. :
Defendant . PROTECTION FROM ABUSE
.
:
AND NOW. this
~ FOR CONTINUANCE
~-day of July. 1998.
upon consideration
of the attached Motion for continuance, the hearing scheduled for
July 3. 1998. in Courtroom No.3. of the cumberland County
Courthouse. Carlisle, Pennsylvania, has been continued until July
23. 1998, at 1:30 p.m.
The Temporary Protection Order of June 21, 1996. remains in
effect for one year or pending further order of Court.
Certified copies of this Order for continuance will be
provided to the Mt. Holly Springs and carlisle police Departments
by the plaintiff's attorney.
By the Court.
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Joan Carey
Attorney for Plaintiff
Matthew Eshelman
Attorney for Defendant
Exhibit "B"
, '
AMY MILLBR, IN TUB COURT OF COMMOR PLBAS or
Plaintiff :
CUHBBRLAND COURTY, PBNNSYLVAnIA
v. :
RO. 96-3559 CIVIL TBRH
DAVID MILLBR,
Defendant : PROTBCTIOR FROM .&.BUSB
:
CORSBIfT AGRBBKBIn'
This Agreement is entered on this ~ day of July, 1996,
by the plaintiff, AMY MILLBR, and the defendant, DAVID HILLBR.
The plaintiff is represented by Joan Carey of LBGAL SBRVICBS,
IlfC.; the defendant is represented by Matthew Bshelman, Attorney.
The parties agree that the following may be entered as an Order
of Court.
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1. The defendant, DAVID MILLER, agrees to refrain from
abusing the plaintiff, AMY KILLER, or placing her in fear of
abuse.
2. The defendant agrees not to harass or stalk the
plaintiff or the plaintiff's relatives.
3. The defendant, although entering into this Agreement,
does not admit the allegations made in the Pet.ition.
4. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of one (1)
year and can be extended beyond its original expiration date if
the Court finds that the defendant has committed an act of abuse
or has engaged in a pattern or practice that indicates risk of
harm to the plaintiff on a continued basis. The defendant
understands that this Order will be enforceable in the same
DAVID MILLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
t
.(,
vs,
CIVIL ACTION - LAW
AMY MILLER,
Defendant
NO, 97-250 CIVIL TERM
IN DIVORCE
ANSWER AND COUNTERCLAIM
I. Admitted,
2, Admitted in part and denied in part, It is admitted that at the time of the filing
of the Divorce Complaint, the address of the Defendant was 5 Lynn Avenue, Newburg,
Cumberland County, Pennsylvania, although that is no longer the Defendant's address,
I,
COUNT)
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3, Admitted,
4, Defendant's answers to paragraphs I through 3 are incorporated herein by
reference as if set forth in their full text.
5, Admitted,
6, Admitted.
7, Admitted,
8, Admitted,
9, Admitted,
10, Admitted,
COUNT II
10, (Second number 10) Defendants answers to paragraphs 1 through 10 are
incorporated herein by reference as if set forth in their full text.
1 \. Admitted.
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12, Admitted.
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WHEREFORE, Defendant requests your Honorable Court to confirm Plaintil1's
request for a divorce and equitable distribution of the parties' marital assets,
COUNTERCLAIM
COUNT I
ALIMONY, ALIMONY PENDENTE LITE
COUNSEL FEES AND EXPENSES
13, Defendant's answers to paragraphs 1 through 12 as set forth above are
incorporated herein by reference as if set forth in their full text.
14, The Plaintiff is gainfully employed and has substantial income and employment
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benefits, which afford him the opportunity to maintain his lifestyle as when the parties
were together, or a grcatcr lifestyle.
15, The Defendant, although employed, is without sufficient income and property
to provide for herself and, further, is unable to provide for the lifestyle that she enjoyed
while the parties were married,
16, The Dcfendant has been required to retain counsel to represent her relative to
the instant litigation and is unable to afford her Icgal fees, costs and expenses,
17, It has becn necessary for the Defendant to secure the services of a real estate
appraiser and Defcndant may be rcquired to secure other expert witnesses to assist her in
the instant proceedings.
18, Defendant is unable to afford her attorney's fees, costs and expenses,
including expert fees associ at cd with these proceedings,
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PlaintitT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
t
f
DAVID MILLER,
vs,
No.
Support 1997
9/1. ~ SU GWI l '----T"inn1
"
AMY MILLER,
DRfI
Defendant
ORDER OF COURT
AND NOW, this day of , 1997, upon consideration of
the aU ached petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed
that the parties and their respective counsel appear belore
on
at
lor a conference, after
which the conference officer may recommend that an order lor Alimony Pendente Lite be
entered,
You are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as
filed.
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as
required by Rule 1910.11(c)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
If you fail to appear for the conference or bring the required documents, the court
may issue a warrant for your arrest.
BY THE COURT,
Harold E. Sheely, President Judge
Date of Order:
Conference Oflicer
6, Petitioner has employed counsel and will incur certain costs and expenses in
pursuit of the aforementioned divorce action but is without sullicient assets or income to
support herself, pay her attorney's fees, or the cost and expenses associated with this
action,
7, Respondent has sufficient income and earning capacity, as well as assets to
support the Petitioner and to pay alimony pendente lite to Petitioner, as well as payment of
her counsel fees, costs and expenses.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order of
alimony pendente lite, interim counsel fees, costs and expenses in this matter.
Respectfully submitted,
GRIFFIE & ASSOCIATES
t
,
"
This Order shull heeullle linulten duys uner the Illuiling ufthe nutiee ufthe entry ufthe Order
tuthe purties unless either purty liles u written demand wilh the I'ruthunutury lilr a heuring de nuvu
hctilre the Cuurt.
Cupies delivered tu parlies un
Cunsenled:
ORO:
ee:
R. J. Shadduy
Amy Miller, petitiune~\
David Miller, respondent rI',JL, ~
Brudley L. Grime. Esquire r>:c.\.L<..J
Mutthew Eshellllun. Esquire_, u, 11,4'1
BY TIlE COURT.
~~^. /I J--
Kevin A. I less,
/
J.
!,Iainti IlYl'etiliuner
I'luintillYl'etilioncr's Atturney
DefcnduntlRespundent
Defcndunt/Respondent's Attorney
Illl ~h,'~ I
A~IY MII,I.L1l
11ITLNI>ANI/I'ITITIONLIl
IN TilL ('OUIlT OJ, (,O~IMON I'I.Lt\S OF
('II~llli:l(I.ANIl ('OIINTY, I'LNNSYI.V ANIA
VS
1l0MLSTI(' 1l1:I.ATIONS SJTTION
CIVIL A('TION
IlA VIIl MII.I.L1l
I'I,AINTIFFIRI:SI'( IN 111':NT
NO 'J7.~>1I (',111 T~1II1
I'LTIlION FOil CIVIL (,ONTEMI'T
TO Till: IIONOIlAIlI.L HIIl(iE OF SAil> ('OlIIlT
Th~ IIl1d~rSlgl1~d 1'~IIIIOI1~r. Il J Shadda) . or Ih~ lloll1~sll~ Ilelal""" S~dIOI1 r~pr~s~l1ls
Ihal
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pcllllOI1~r '''Ill Da~1l1 Milkr IIho r~s"ks al .117 N Wall1l1l SI, MI 11011) Sprll1gs, I'A, J 711h>
I"" Ih~ r~Spomkl111l1 all ,,,IIlIII IIlSIIIIlI~d IIllh~ ('ollll 01'('0111111011 I'kas ol'('lIl1lh~oI:lI1d ('011111~.
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li,1l011111~ .IAII., FINE Ol{ IlIHIIlATION.
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HAY 1 8 1998
IlIthc Courl or COIIIIIIOII Plcus or ClIMIIERLANI> CUUllty, I'cllusylvulliu
DOMESTIC RELATIONS SEC'TION
AMY MILLER ) Docke, NUllIher 250 CV 97
Plailllilf )
VS. ) PACSES Ca\e NUllIher 380000068
DAVID MILLER )
Ddi:lldalll ) Other Slate Jl) NUllIher D ~1o?;L1
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
I. The petition of
DAVID MILLER
respectfully
represents that on JUNE 2, 1997
, an Order of Court was entered for the
support of
AMY MILLER
.~
Cl~
V
_.~
:::;::
.,.,
~
<--"
<:P
>516
'"
A true and correct copy of the order is attached to this petition.
Ser"ice Type M
Furlll OM.~OI
Wurker ID 21504
MILLER
v, MILLER
I'ACSES Ca,e NUllIher: 380000068
~
t
\
2. Pelilioner is entitled 10 0 increase G\) decrease 0 termination 0 reinstalement
o olher of this Order because of Ihe following nmlerial and subslantial change(s) in
,
~
circumstance:
, .
LJ('( ret{ S!:"
'/-' 0: ,/"-I ( 't' ;t. (' /f Is
/(1
/f7 ((1111 ~
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
(JattL J). f(l.t t:A, l-
Petitioner Anorney for Petitioner
I verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. * 4904 relating to
unsworn falsification to authorities.
c;-
Oate
/? } f
{1tl,vfJ /J ~/(uA/#
Petitioner
Pttgt 2 of 2
FlInll OM-501
WllIker ID 21504
Scr\'ke Type M
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U C1' U
In the Court of Common Pleas of CUMBERLAND County, Pennsylvllnlll
DOMESTIC RELATIONS SECTION
AMY MILLER ) Dllck~1 NUlllh~r 250 CV 97
Plaillliff )
vs. ) PACSES Ca'~ NUlllh~r 380000068
DAVID MILLER )
D~f~ndalll ) Olh~r Slal~ ID NUIllrn:r D-26521
Order
AND NOW to wil, this
JUNE 24, 1998
il is hereby Ordered
thaI:
UPON CONSIDERATION OF THE RECOMMENDATION OF THE DOMESTIC RELATIONS APL
CONFERENCE OFFICER, PURSUANT TO NO SUBSTANTIAL CHANGE FROM THE ORDER OF
JUNE 2, 1997, THE PETITION TO DECREASE THE ALIMONY PENDENTE LITE IS DENIED.
THIS ORDER SHALL BECOME FINAL TEN DAYS AFTER THE MAILING OF THE NOTICE OF THE
ENTRY OF THE ORDER TO THE PARTIES UNLESS EITHER PARTY FILES A WRITTEN DEMAND
WITH THE PROTHONOTARY FOR A HEARING DE NOVO BEFORE THE COURT,
BY THE COURT:
( .~
DRO: R.J. Shadday ~oJr.<>q'/;,
ee: pctltluner and respunE/ent f~'!P~
ee: Bradley L. GrIffIe, Esq. ~
ee: Matthew Eshelman, Esq. ~
JUDGE
S~rvic~ Typ~ M
Flinn OE.OOI
Wnrk~r ID 21005
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
OOME~TIC REJ.ATIOSS
P,O. BOX 310, CARI.ISI.E, PA. 17013
Defendant Name: DAVID MILLER
Member ID Number: 0443000037
Pleue Doer: AU cOrTl'5pondmce mIL'. Include tht' Ml'UJiK'r JU Number.
ORDER OF ATIACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
FInancial Break Down of Mulllole Cases on Allammenl
PJainlifTN.me
AMY MILLBR
PACSI~~
Case Numher
380000068
An.chment AmounllFreouencv
$ 35,00/WllBK
$ /
$ /
$ /
$ /
Dotkel
t:!l!Jn!!g
;;1:50 CV 91
TarALATIACHlIlEI'ITAMOUIIT. $ 35,00
Now, by Order of this Court, the Depanment of Labor and Industry, Bureau of Unemployment
Compensation Benefils and Allowances (BUCBA), is hereby directed to ausch the lesser of $ 35.00
per week, or 50 %, oflhe Unemployment Compensation benefits olllerwise payable to the Defendant,
DAVID MILLER Social Security Number 178-62-6011 ,Member
ID Number 0443000037 , BUCBA is ordered to remit the amountallached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA 10 the Domestic Relations Section of tbis
Court for suppon and/or support arrearages.
If the Defendant's Unemployment Compensation benefils are allached by another Court or Courts for
support and/or suppon arrearages, DPW may reduce Ihe amount allached under this Order so thatlhe t01a1
amountatlached does not exceed Ihe maximum amount subject 10 garnishment PUrsWlnttO 15 U,S.C, ~ 1673
(b)(2) and 23 Pa. C.S,A. ~ 4348 (g).
This Order shall be effeclive upon receipt by Ihe BUCBA and shall remain in effect until the Defendant's
entillementto Unemployment Compensalion benefils, under the Application for Benefils dated
DECEMBER 28, 1997 is exhausted, expired or deferred.
BUCBA shall comply with Ihis Order, unless it is amended or vacated by subsequenl Order of this Court,
All questions, challenges or obligatinns to this Order shall be directed 10 Ihe Domestic Relations Seclinn of this
Coun.
BY THE COURT
Date of Order:
10-, fJlL
KevIn A: lIess,
JUDGE
J"Iv 7, 19911
ORO: R.J. Shadday
cc: defendant
/
Service Type M
Form EN-S30
Worker 10 $IATT
<-~(P5,2 /
&
~
DO NOT DETACH
FOR BUREAU USE ONLY
DO NOT WRITE BELOW THIS LINE
Name:
Address:
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF LABOR AND INDUSTRY
BUREAU OF UC BENEFITS AND ALLOWANCES
NOTICE OF UNEMPLOYMENT COMPENSATION CLAIM
SSN:
A.B, Date:
u
TA-1O
Weekly Benefit Rate: $
Weekly Dependents'
Deduction: $
County:
Allowance: $
Total: $
Benefit Year Ending Date:
Type of Claim:
Date of Mailing:
UC-SOO REV 7-94
Date Posted:
L.O.:
Case ID No.:
Page 2 of 2
Fonn EN-S30
Worker ID $IATT
Service Type M
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IV, EXIIIDITS
Plaintiff anticipates presenting the following exhibits at trial:
A. Updated Inventory & Appraisement
B, Statement from Carlisle Imaging Associates, P.C. setting forth the value of the
Defendant's profit sharing account (See attached Exhibit "An)
C. Pension, Retirement and Savings Statement of the Plaintiff from his employer
(has not been provided to date)
D, Appraisal of real estate located at 427 North Walnut Street, Ml. Holly Springs,
Pennsylvania, by Steven W. Barrell Real Estate, dated December 8, 1997, a
eopy of which has already been provided to the Plaintiff through legal counsel.
E, Copy of Order of Court of February 5, 1997 relative to exclusive possession
(See attached Exhibit "B")
F. Alimony pendente lite Order of June 2, 1997 (See attached Exhibit "Cn)
G. Copy of correspondence dated February 3, 1998 from Domestic Relations
evidencing a modification in the alimony pendente lite Order (See attached
Exhibit "Dn)
H. Prior Income and Expense Statement of Plaintiff dated June 2, 1997 (See
attached Exhibit "En)
I. Updated Income and Expense Statement of Plaintiff renecling current income
and expenses (to be supplied)
1. Billing statements for legal services rendered to Defendant (to be supplied)
Detcndant reserves the right to identify additional exhibits for presentation at the
time of trial following the pre-trial conference and further proceedings in this matter.
V, INCOME
Defendant will present a copy of her most recent pay stub at the time of or prior to
the pre-trial conference in this matter for purposes of evidencing her current income,
VI. PENSION
Defendant has attached as an exhibit a statement from her employer identifYing the
only pension or retirement benefit to which he is entitled, that being a profit sharing
account with Carlisle Imaging Associates, (nc,
Despite repeated requests for more than a year, Plaintiff has failed and refused to
provide a statement reflecting the funds in his retirement account through his employment
with Lear Corporation. Defendant has requested and believes she is entitled to receive
copies of quarterly statements received by Plaintiff from the time of marriage to the time
of separation so that it can be readily determined whether Plaintiff borrowed or removed
funds from that account unbeknownst to Defendant.
VII. MARITAL DEBT
Plaintiff has claimed that there are a variety credit card debts which he says were
marital debts, but for which he has failed and refused to provide copies of monthly
statements for the period of time the parties were married, Defendant's position is that if
credit cards were used during marriage, they were used solely by Plaintiff and, therefore, it
is of great concern to her as to the reason for the use of these credit cards,
Defendant never had access to a Cornerstone Federal Credit Union Visa Account
which has been claimed by Plaintiff to be a marital debt.
It is recognized that Plaintiff had a PNC Mastercard credit card account which he
permilled Defendant to use for Christmas shopping for 1996. Beyond that, Defendant is
unaware of the use of this card,
There may be other credit cards or accounts that Plaintiff is claiming to be marital
debts,
It is particularly important that monthly statements for the entire period of
marriage be reviewed in that Defendant believes the credit cards, if used for any marital
purpose, were used to purchase a variety of marital personal property, such as household
appliances and furnishings, All such household appliances and furnishings, which
Defendant believes may have been purchased through these credit cards, have been
retained by Plaintiff and, therefore, it is appropriate for Plaintiff to retain the debt
associated with the purchase of those assets, This is another r~ason why it is important
that the monthly statements, which are in the sole and exclusive possession of Plaintiff, be
provided for Defendant and for the Master's hearing.
The parties have a mortgage due and owing to Cornerstone Federal Credit Union,
the monthly payments of which should have been paid by Plaintiff since he has had
exclusive possession of the marital residence since separation, If payments have not been
made, then it is Defendant's position that an amortization schedule reflecting the balance
that would have been due on the Credit Union account had Plaintiff been making the
appropriate payments, must be used to determined what the encumbrance on the real
estate should be had Plaintifl' been maintaining his obligation to pay the mortgage, On the
other hand, if Plaintiff has, in fact, paid the mortgage, then the present balance of the
mortgage must be used to determine the equity in the real estate,
There was also a debt due and owing on a 1990 Toyota Celica, which was in
Defendant's possession. Defendant was unable to pay for the monthly payments. While
her legal counsel was in the process of trying to work out arrangements with the Patriot
Federal Credit Union who had the encumbrance on the vehicle, to have that encumbrance
paid, PlaintilT assisted the Credit Union in locating and repossessing the vehicle from
Defendant. A deficiency balance of $1,068,87 has been claimed by the Credit Union as
still being due from the parties jointly,
These are the only debt about which Defendant is aware,
VIII. PROPOSED RESOLUTION
It is proposed that the real estate located at 427 North Walnut Street be
transferred into Plaintill's name alone, at which time PlaintilT would compensate
Defendant in the amount of 60% of the equity in the real estate based upon the appraised
value of$64,500.00 and the present balance on the mortgage.
Personal property, including vehicles and intangibles such as life insurance, will
remain with the party who has possession at this time. In return for Defendant's waiver of
any interest in the extensive personal property retained by the Plaintiff. PlaintilT will be
responsible for the claimed joint or marital debt.
After receipt and review of the statement reflecting the value of Plaintill's
retirement with his employer, determination of how that asset should be distributed will be
proposed, It is suggested though that a Qualified Domestic Relations Order (QDRO)
immediately rolling over certain portion of the funds in that retirement account may be
l
f
MARITAL ASSETS .,
DATE OF NON-MARITAL
ASSET VAUJE VAUJATION PORTION LIENS
1. Real Estate $ 64,500,00 12/10/97 None Cornerstone
427 N, Walnut St. Credit Union
Mt. Holly Springs, PA
2. Personal Property 8,000.00 Present None None
(Husband)
3, Personal Property 5,000,00 Present None None
(Wife)
4, 1990 Toyota Celica Repossessed Deficiency Balance $1,068,87
5. 1998 Sterling Unknown N/A None None
6, Life Insurance Unknown N/A Pre-marital None
(Husband) Portion
7, MaslandlLear Unknown N/A Pre-marital None
SavingslRetirement (Plaintiff refuses Portion
(Husband) to provide)
8. Carlisle Imaging $1981.41 Date of Already deducted None
Profit Sharing (Marital Portion) Separation
(Wife)
NON-MARITAL ASSETS
DATE OF LIENS OR
ASSETS VALlIE VALlJATION ENCUMBRANCES
1. Carlisle Imaging $2,452.29 Date of None
Profit Sharing Marriage
(Wife) (DOM)
(Pre-marital)
2, MaslandlLear Unknown DOM None
SavingslRetirement
(Husband)
(Pre-marital)
), Personal Property Various Various None
(Wife & Husband)
(Pre-marital)
4. Personal Property Various Various None
(Wife & Husband)
(Gifts)
(
(
CHARLES K. LOH, 11,0.
HERBERT C. PERUoIAN,II.D.
DAVID R. ROYAL, 11.0,
ROBERT F. HALL, 11.0.
JAMES D. TAGGART,II.D.
RAND J, CUTliBERTBON, 11,0,
CARLISLE IMAGING
ASSOCIATES, P.C,
CARLISLE HOSPfT AL
BOX 310
CARLISLE, PENNSYLVANIA 17013
DONALD C, LOZIER, R.T.
AdmlnlotroU.o Aaoacloto
"
717.245-5400
December 10, 1997
Bradley L. Griffie, Esq.
Griffie &. Associ~tcs
200 N. Hanover Street
Carlisle, P A 17013
Dear Sir:
Per our telephone conversation of December 9, 1997, I am able to provide you
. the following information on Amy Miller's profit sharing account:
Value on
December 31,1995 - $2452.29
December 31,1996 - $5433.70
If you need further information on this, please contact me at your
convenience.
Sincerely,
~~,~~
Administrative Associate
Exhibit "TI"
j
tJ
i
DR 26,521
AMY MILLER,
PLAINTIFF/PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
VS
CIVIL ACTION. LAW
DA VID MILLER,
DEFENDANT/RESPONDENT:
NO. 97. 250 CIVIL
ORDER OF COURT
AND NOW,this 2nd day of June, 1997, based upon the Court's determination that
Petitioner's monthly net income is $ 1,257,00 per month and Respondent's monthly net income is $j
1. 729,00 per month, it is hereby Ordered that the Respondent pay to the Domestic Relations Section,
C<lurt of Common Pleas, $ 152,00 a month payable $ 35.00 oer week as alimony pendente lite,
effective Mav 5.1997, Arrears set at $ 175.00 as of June 9.1997, shall be payable at $ N/A ,
First payment due on or before June 10. 1997 , and each week thereafter. This order is based upon
the fact that Respondent maintains payment on the vehicle that Petitioner has in her possession.
,
i
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
,
r
f
.1
I
i
I
Payments must be made by cash, check or money order. Cash payments must be made in
person. All checks and money orders must be made payable to Domestic Relations Section and
delivered or mailed to Domestic Relations Section. 13 North Hanover Street, P.O. Box 320. Carlisle.
Pennsylvania. 17013. Each payment must bear your Domestic Relations number (DR 26.521 ) in
order to be processed.
Respondent is responsible for service fees of S 15,00 to be paid within 90 davs as
determined by the Domestic Relations Section.
Exhibit "C"
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the panies unless either pany tiles a written demand with the Prothonotary for a hearing de novo
before the Coun.
t
l-
Copies delivered to panies on
Consented:
Plaintiff/Petitioner
Plaintiff/Petitioner's Attorney
J.
Defendant/Respondent
Defendant/Respondent's Attorney
DRO: R. J. Shadday
cc: Amy Miller, petitioner
David Miller, respondent
Bradley L. Griffie, Esquire
Matthew Eshelman, Esquire
BY THE COURT,
!PUE COpy FROM RECORD
:? ;~~:Iii)ry whereol. "'lera unto s3t:nv hand
"-'~''''I f ' r I
~..,.' ,..... "':C :.J sai'. .'J:.!:! 31 Carii-Ie Pa
. hi" IIIVI ~ w,.
I,~ , " daboiy/:~'''' , I')Q'7
I ..Ie> I I ',. .LQ /Yto 'h..!.
,.., .,;-
Prothonotary
INCOME AND EXPENSE STATEMENT OF
SSN 301 . 60 . 4450
l\mv Mi ller
DAN 26,521
6/2/97
DATE
THIS STATEMENT MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner In whole or In part, you must
also fill out the Supplementallneome Statement which appears on the last page of this Income and Expense
Statement.)
(a) Wages/Salary
Employer & Address Carlisle Imaaina Assoc., Box 310. Carlisl!'!
Job Title/Description Medical Secretary
Pay Period (weekly, bl.weekiy, monthly) Bi-weekly
Gross Pay per Pay Period ....................................................................-.............................................. $
Payroll Deductions:
F3deral Withholding ..................$
Social Security ...........,...............$
Local Wage Tax ...........,..............$
State Income Tax ..................,....$
Retirement ...............,.........."......$
Health Insurance ..........,.............$
Other (specify) ............................$
..........,..,..".......$
...............,..,......$
Net Pay' per Pay Period ........,.................................,......................,..........,..............................,..........,.. $
INCOME
(b) Other Income
InterestlDividends .................,....$
Pension/Annuity .......,....,...."......$
Social Security ........,...............,..$
Rents/Royalties ,.,."........"..,.......$
Expense Account ,..,.........,.........$
Gifts ...............,........,...,................$
Unemoioyment Compensation ,$
Workmen's Compensation ........$
Total, Other Income ..........,.........,..$
744.00
81.02
56.92
7,44
W.8J
(11 pays 1997 $815.66 average gross;
$633.27 average net)
577.79
Week
Month
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
Year
INCOME ANO EXPENSE STATEMENT OF
Amv Miller
I verify that the .tatement. made in this Income and Expen.e State.
ment are true and correct. I understand that false statements herein
are made .ubject to Ihe penallie. 01 18 Pa,C,s. .1904 relaUng 10
un:lwcrn !alsiflcation to authorities.
Oate: 6/2/97
Plalnutr or Defendant
Exhibit "E"
I
I'
Household Child Household Child r
Week Week Month Month
EXPENSES ,
Home
Mortgage/Rent .............,.......................... $ $ $ $
Maintenance ,.......................................... $ $ $ $
UtllltJes (telephone, heating
electric, etc.) ...,.................................... $ $ S lAn nn $
Employment (transportation,
lunches) ..................,............................ S S S 180.00 S
Taxes
Real Estate ,............................................. S S S S
Personal Property....,.............................. S $ S S
I,,,,, ." IQ ,...Ol::o.llla.t.iooal....................... $ $ $ 10.00 $
Insuranc'e
Homeowners ........................................... $ $ S S
Automobile .............................................. S S $ S
L1fe/AccldenllHealth .............................. S $ S $
Other ..............,........,................................ S S S S
Automobile (payments, fuel,
repairs) ...........,..................................... S $ S 320.00 S
Medical
Doctor, Dentist, Orthodontist,............,.. S S S In.nn S
~ .,f,'?!!!1~~JJ.t:g..~.!;~JJ.c;l;)........,.. s s S 75,00 S
Special (glasses, braces, etc,) ,.............. S S S 30.00 S
Education "
Private, Parochial School....................... S S S S
College ..',..........,......'.......,......,....,........... S S S S
Personal
Clothing ,..............,.........................,..,...... S S S 50.00 S
Food ...........,..........'...................,.............. S S S 325.00 S
Other (household supplies,
barber, etc.) ..'.......,............................... S S S 43.33 S
Credit payments and loans .................... S S S 110 .00 S
Miscellaneous
Household help/child care ............,........ S S S 355.33 S
Entertainment (Inc. papers,
books, vacation, pay TV, etc.) ..,..,...... S S S 15.00 S
Gifts/Charitable contributions .............. S S S 43.33 S
Legal Fees ....,..........................,............... S S S 100.00 S
Other child supportJallmony
payments .......................,..................... S S S $
Other (specify) .............,....,......................,..... $ S S S
Total Expenses ...............,....,........................ S S S 1,846.99 S
been reached with respect to the outstanding economic claims.
The agreement is going to be placed on the record in the
presence of the parties and counsel. The agreement as placed on
the record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during the
transcription. That means that once we leave this conference
room today, after the agreement is stated on the record there
will be no changes to the agreement except for corrections of
typographical errors which we will review after the court
reporter has completed the transcription.
The parties and counsel are going to return to
review the agreement for typographical errors, make any
corrections as required, and then affix their signatures. Upon
receipt of the signed agreement which is being signed as
affirmation of the agreement, the Master will prepare an order
vacating his appointment and counsel can then file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
Mr. Eshelman has provided an affidavit of service
which will be made part of the record indicating that Amy
Miller, the Defendant, received the divorce complaint by
certified mail restricted delivery on January 22, 1997.
Mrs. Miller, is that your signature on the return
receipt card?
MRS. MILLER: Yes.
TilE MASTER: Mr. Griffie.
MR. GRIFFIE: If the Master please. The parties
wish to stipulate to the following terms in full and final
satisfaction of all claims made in these proceedings.
1, The parties are the joint owners of real estate located
at 427 North Walnut street, Mt. Holly Springs,
Cumberland County, Pennsylvania. Contemporaneously
with the execution of today's stipulation, wife will
execute a deed conveying all her right, title, and
interest in the property to husband. The deed will be
held in escrow by wife's legal counsel until husband has
complied with the terms of Paragraph 2 requiring a lump
sum payment to wife.
2. In full and final satisfaction of any interest that wife
may have in the aforesaid real estate, husband will pay
to wife the sum of $7,000.00, This shall be paid through
husband refinancing the mortgage presently due and owing
to PHll/CUNA Mortgage Services and shall be accomplished
within 45 days of today's date. At the time of
refinancing husband, through counsel, shall provide
counsel for wife with a $7,000.00 payment in exchange for
the deed referenced in Paragraph 1 above.
J. Wife waives, relinquishes, and transfers any right,
title, or interest she has in husband's thrift savings,
security savings, or other retirement plans of any nature
that husband has through his retirement with Lear
Corporation. From this time forward, wife shall make no
claim of any nature whatsoever for any interest in any
such plans.
4. Husband waives, relinquishes, and transfers any right,
title, or interest that he has or may have in wife's
profit sharing or retirement plans of any nature through
her prior employment with Carlisle Imaging Associates,
P.C, Husband shall make no claim of any nature
whatsoever from this time forward relative to any
interest in in any such retirement plans.
5. The parties previously owned a 1990 Toyota Celica which
was repossessed by Patriot Federal Credit Union, Through
.
the repossession, a deficiency jUdgment resulted which
husband has paid in full. Husband will make no claim
against wife for any deficiency due and owing on that
vehicle loan.
6. Husband is the owner of a certain 1987 sterling vehicle
which shall remain as his sole and exclusive possession.
In the event that it is necessary for wife to execute any
documents to otherwise waive, relinqUish, or transfer
her interest in that vehicle, she will do so within 5
days of being requested to do so.
7. The parties had certain marital debt at the time of their
separation which husband consolidated into a personal
loan which is due and owing to PNC Bank. Husband shall
be solely and exclusively obligated for this payment of
this loan to PNC Bank and shall indemnify wife and hold
her harmless from and against any claims or demands for
payment from PNC Bank on account of said loan. With the
sole exception of the debt consolidation loan referenced
herein and the mortgage previously referenced in
Paragraph 1 above, the parties have no other joint debt
which needs to be distributed.
8. All personal property, tangible and intangible, shall
remain the sole property of the party presently in
possession. Neither party will make any claim against
the other party for items of personal property
in the other parties' possession.
9. Each party shall retain sole ownership over any life
insurance policies that they presently own and shall have
all rights of ownership including but not limited to
naming beneficiaries, cashing in POlicies, taking loans
on POlicies, and so on.
10. Wife waives and hereby withdraws any claims for alimony,
costs or attorney fees made in the pleadings in this
case.
11. There exists at present an alimony pendente lite order
through the Cumberland County Domestic Relations Office
docketed to PACES No. 380000068 which requires payment of
alimony pendente lite from husband to wife. That alimony
pendente lite order shall terminate effective today
but husband shall be obligated to continue making
payments at the current rate until all arrears, if any,
are paid in full.
12. Contemporaneously with the execution of this stipulation,
the parties will sign affidavits of consent and waivers
of notice of intention to request entry of a divorce
decree thereby allowing this divorce to be completed as a
Section 3301(c) divorce.
13. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or
she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the
property or the estate of the other as a result of the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. GRIFFIE: Mrs. Miller, were you present as I
dictated the stipulation that was intended to settle all claims
in your divorce?
MRS. MILLER: Yes, I was.
MR. GRIFFIE: Did you hear all of the terms that we
just dictated?
MRS. MILLER: Yes, I did.
MR. GRIFFIE: Is it your desire that the
stipulation that I just dictated be entered as a order of court
to finalize all of the economic claims that were raised in your
divorce?
MRS. MILLER: Yes, it is.
THE MASTER: Do you understand the terms of the
agreement?
MRS. MILLER: Yes.
THE MASTER: And you understand that once you leave
this room you cannot make any changes except for correcting
typographical errors?
MRS. MILLER: Yes, sir.
MR. ESHELMAN: Mr. Miller, were you present when
Mr. Griffie read into the record the terms of an agreement
essentially reached designed to settle the economic differences
regarding the divorce?
MR. MILLER: Yes.
MR. ESHELMAN: Did you understand each of those
terms that he read into the record with the possible exception
of that last paragraph?
MR. MILLER: Yes.
MR. ESHELMAN: And do you agree with each one of
those terms as they have been read in?
MR. MILLER: Yes, I do.
MR. ESHELMAN: Do you have any questions about any
of those terms?
MR. MILLER: No.
MR. ESHELMAN: And do you understand that once we
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
AMY MILLBR ) Docket Number 250 r::v 97
Plalmiff )
VS, ) PACSES Case Number 380000068/026521
DAVID MILLBR )
Defendant ) Other State ID Number
Order
AND NOW to wit, this
FBBRUARY 1, 1999
it is hereby Ordered
that:
TIlB ABOVB CAPTIONBD ALIMONY PBNDBNTB LITB ORDBR IS TBRMINATBD, BFFBCTIVB
JANUARY 12, 1999, PURSUANT TO TIlB PARTIBS' AGRBEMIlNT BEFORB TIlB DIVORCB
MASTER.
BY THE COURT:
ORO: RJ Shadday
xc: plaintiff
defendant l l'\(cl~.J
B. Gr I ff Ie, Esq, ~ '\"~""
'I. Eshelman, ~;Sq:J )\>\\'1\
Service Type M
JUDGE
Form OE.()()(
Worker ID 21005
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